Essential Things You Must Know on check trade mark
Essential Things You Must Know on check trade mark
Blog Article
How to Conduct a Trademark Search in India: Simple and Effective Steps
Understanding Trademark Search in India
A trademark search is about examining existing registered or pending trademarks in the central database hosted by the Trade Marks Registry of India. This process helps determine whether your desired trademark is free to use or if it overlaps with any existing mark.
Performing a trademark search early in the branding process minimises the risk of infringement and ensures your brand identity remains unique and legally protected.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search before registering is not just smart—it’s critical for protecting your brand. A comprehensive search lets you:
- Prevent selecting already-used marks
- Reduce costs from rejected applications
- Reduce opposition risks
- Preserve distinctiveness
- Streamline the registration process
Without careful checking, your trademark application might be opposed, wasting time and resources.
Where and How to Search for Trade Marks in India
The Trade Marks Registry maintains an official platform where anyone can run a trademark search. To search:
- Access the Trade Marks Registry website
- Navigate to the public search section
- Type your brand name or logo text
- Select the correct class
- Check for matches
This tool gives you visibility into both registered trademarks and pending applications, so you can check availability.
Understanding Trademark Classes
Each trademark belongs to a specific class. In India, there are 45 trademark classes—34 for goods and 11 for services. Choosing the correct class ensures your search is focused.
For example, apparel brands usually fall under Class 25, while tech products often go under Class 9. Knowing your class is key to getting precise results.
Phonetic and Wordmark Searches
When checking for trademark availability, run both wordmark and phonetic searches. A literal match check looks for identical or similar spellings. A phonetic search finds names that are pronounced similarly, even if spelled in a different way.
This helps you catch trademarks that could lead to confusion, giving you better security before applying.
Where to Do Trademark Searches
The Controller General of Patents, Designs, and Trade Marks provides a free, government search tool. There are also external platforms that offer advanced features like:
- Search filters
- Legal guidance
- Trademark risk reports
These tools simplify trademark checking for new brands and help ensure your trademark is ready to file.
Searching for Non-Text Trade Marks
If your trademark includes a logo, you must perform a device mark search. Searching logos is more complex than wordmark searches, but the Registry portal supports visual filters and keyword tagging.
This ensures your design or icon doesn’t conflict with another registered design, keeping your brand safe.
Professional Assistance for Trademark Search
While individuals can check trademarks, a trademark attorney brings clarity to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- Recommend changes
- Handle the registration process
For serious businesses, professional support adds strategy and legal confidence.
After You Search: What’s Next?
Once your search confirms the mark is clear, you can file your trademark. This includes:
- Preparing documents
- Selecting classes
- Submitting payments
The process then enters review, publication, and if no objections arise, your mark is officially registered.
Conclusion
An early trademark search in India is the most important step in protecting your brand. It ensures your brand assets are free to use, legally safe, and fit for filing.
With simple search platforms and expert help, check trade mark anyone can conduct a trademark search. Begin with clarity—because a strong brand needs a strong foundation. Report this page